Yesterday, the EPA published a 30-day information collection request (ICR) renewal notice in the Federal Register (87 FR 8836-8837) for “Emergency Planning and Release Notification Requirements (EPCRA Sections 302, 303, and 304)”. This renewal request does not reflect any programmatic changes, just changes in the reporting history during the period covered by the currently approved ICR.
Normally, I do not pay a great deal of attention to these routine IRC renewals. They are typically just boiler plate repeats of previously submitted data. The EPA is one of the agencies that does update its burden estimates to reflect the changes in data submission over time. This time, however, a comment in the explanation for the changes in estimate portion of the notice caught my attention:
“The reduction in state and local government burden estimate of approximately 15,607 hours annually, is attributable to the reduction in the numbers of SERCs (or TERCs) and LEPCs (or TEPCs) in this ICR compared to the previous ICR (new total of 3,052 reduced from 3,556).”
Background
The Emergency Planning and Community Right-to-Know program established under 42 USC Chapter 116 requires each State to establish a State Emergency Response Commission (SERC). The definition of the term ‘State’ in this Chapter is broad enough to include Indian Tribes, thus the establishment of Tribal Emergency Response Commissions (TERC). In turn, each SERC/TERC is required to establish emergency planning districts and appoint a Local Emergency Planning Commission (LEPC or TEPC as appropriate) to carry out the emergency response planning requirements of 42 USC 11003.
While §11001(d) provides for States to revise their designations of emergency planning districts and LEPCs, I can find no provisions that allow States to withdraw their SERC/TERCs. I suppose that it would be possible for a Tribe to reach an agreement with State in which it resides for the State to take over the responsibility for the emergency response oversight outlined in this Chapter.
Changes in SERC/LEPC Numbers
Looking at the last five revision requests {see table below, numbers come from paragraph 6(g) of each supporting document listed below} for this ICR, we can see that the number of SERC/TERCs had remained constant since 2009. The number of LEPCs/TEPCs is a little more complicated, but there has not been a decrease in their numbers since 2009 until this submission.
(2022 Supporting Document – 2018 Supporting Document – 2015 Supporting Document – 2012 Supporting Document – 2009 Supporting Document)
Who Answers the Question
The EPA does not explain the change in the number of SERCs/LEPCs in the supporting documents for the simple reason that they have no control over those organizations. Congress established this important chemical safety program but it has provided for little to no oversight and no organizational control of the program at the Federal level. The decline in the numbers of reported organizations in this ICR notice make it clear that Congress needs to take a closer look at this program.